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KRAUSS BROS. LUMBER CO. v. DAMPSKIBSSELSKABET NORDEN AKTIESELSKAB

3 F.Supp. 1014 (1933)

KRAUSS BROS. LUMBER CO. v. DAMPSKIBSSELSKABET NORDEN AKTIESELSKAB.

District Court, S. D. New York.

On Reargument, May 9, 1933.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Alfred Ogden, of New York City, of counsel), for libelant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Michael F. Whalen, of New York City, of counsel), for respondent.

CAFFEY, District Judge.

On the authority of Pacific Can Company v. Williams Steamship Corporation, 1933 A. M. C. 115,1 the second exception is sustained.

I am unable to pass upon the first exception. The phraseology of the notice and suit provisions of the bills of lading have not been put before me. I have three times searched what purports to be a photostat copy which, by stipulation, has been added to the libel; but in it I...

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